Service Level Agreement

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-- last modified: March, 31. 2021 --


100% Uptime Guarantee
vmmax offers a 100% uptime guarantee via this Service Level Agreement based on network and host node availability. Collectively, these guarantees may be referred to as the "SLA." This SLA is provided as a supplement to the Hosting Terms and Conditions You agreed to in becoming a vmmax customer, which is hereby incorporated by reference as an indispensable part of this SLA.

This uptime guarantee is applicable on a per-service-item basis and is not applied to Your entire invoice. For example, if You have fifty (50) nodes with Us, and one (1) of those nodes experiences downtime, any credit due to You under this uptime guarantee would be proportional to that one (1) nodes's downtime and not Your entire account with Us. This uptime guarantee does not apply to the accessibility of vmmax's web property, DNS servers, API, or control panel.

More simply put:
Our platform is extremely reliable, guaranteed! You will receive a credit for instances experiencing an outage.

Packet Loss and Latency
vmmax does not proactively monitor the packet loss or transmission latency of specific customers. vmmax does, however, proactively monitor the aggregate packet loss and transmission latency within its LAN and WAN. In the event that vmmax discovers (either from its own efforts or after being notified by You) that You are experiencing packet loss in excess of one percent (1%) ("Excess Packet Loss") between your instance and one hop from vmmax's border router(s) (first hop of egress providers router) and You notify vmmax via a support ticket (or vmmax has notified You of an event), vmmax will take all actions necessary to determine the source of the Excess Packet Loss/Latency.

More simply put:
Our network operates with 0% packetloss. If you notice packetloss on vmmax's network, notify us! The SLA applies to packets from vmmax's network to it's providers network. If the packetloss occurs within a third party providers network outside of vmmax's control this SLA does not cover that.

The uptime guarantee ONLY applies to network and instance availability during normal operation. The uptime guarantee does NOT apply to server-side software uptime. Any outage due to server software, operating systems, improper configurations, denial of service attack against your instance, instance suspension, instance paused/halted for any reason, or any other non-network or non-"host node" outage, for any reason and whether or not such outage is caused by Us due to upgrading, troubleshooting or performing any other tasks, is not subject to this uptime guarantee. The guarantee does NOT apply when a scheduled maintenance occurs with a minimum of twenty-four (24) hour notice or in the event a time critical patch/update must be applied as long as the outage/packetloss does not exceed ten (10) minutes.
Furthermore, none of the guarantees in this SLA may be combined. For example, a hardware outage that also disrupts network activity will not qualify You for two (2) separate credits. If for example, a hardware outage was the basis for the connectivity loss, the entire event will count as one single outage for the purpose of determining applicable credit.

More simply put:
The SLA applies to the infrastructure in vmmax's control. If you misconfigure your servers, we are not responsible. If vmmax needs to perform scheduled maintenance on your node, this is exempt, unless of course it takes us more than 10 minutes!

Outage Credits
In accordance with the procedure outlined below, you must initiate a support ticket and request that a credit be applied to your account. Merely initiating a support ticket related to an outage will not result in any credit to your account. Initiating a support ticket and requesting a credit is what triggers an event for any potential credits; however, vmmax must still determine, in its sole discretion, whether or not an eligible outage has occurred. If vmmax determines that an eligible outage has occurred, then the ticket you generated will be used to generate a credit using the table below:
    Less than 9 minutes -> 12 Hours
    10 – 59 minutes -> 24 Hours
    60 – 119 minutes -> 48 Hours
    120 – 239 minutes -> 120 Hours
    240 – 419 minutes -> 240 Hours
    420+ minutes -> 672 Hours (1 Month)

How To Obtain Your Credit
In order to receive any credit offered under this SLA, You must initiate a support ticket related to the event AND expressly request that We issue a credit. DO NOT ASSUME THAT WE ARE AWARE OF YOUR OUTAGE. Your outage may be wholly unrelated to vmmax's services, so unless You contact Us via a support ticket, We may not be aware any problem exists. Outages related to hardware or other services or events not under vmmax's control are not eligible for any guarantee or credit offered under this SLA.
You may initiate such support ticket via e-mail to support [at] vmmax [dot] cloud. You MUST obtain a vmmax ticket number as proof that you initiated a support ticket related to the outage, and the support ticket MUST ask for a credit related to the outage. As stated herein, the timestamp on the support ticket will mark the beginning of an outage should vmmax determine that an eligible outage occurred. If vmmax was aware of the issue before You were, vmmax may notify You of the outage. In such instance, You must still initiate a support ticket to confirm that You are aware of the outage, and such support ticket must still also request a credit. To be clear, You must have a support ticket number in order to receive any credits under this SLA.
You agree and acknowledge that all other terms, limitations, exclusions, disclaimers and requirements contained in vmmax's Hosting Terms and Conditions apply to this SLA.

More simply put:
Open a support ticket to report outages and request SLA credits.

Changes to this Notice
We reserve the right to revise, amend, or modify this Notice and our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Notice by re-visiting this web page and using the 'refresh' button on your browser. You should note the date of last revision to this Notice, which appears at the top of this Notice. If the 'last modified' date remains unchanged after you have clicked the 'refresh' button on your browser, you may presume that no changes have been made since the last reading of the Notice. A changed 'last modified' dates indicates that this Notice has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.


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